M. 649. (296) The Rules applicable to all civil processes for arrest, sale, or payment. desired or ordered by M. 650. (220) The Application of rules as to witnesses. rules contained in chapter XIX. shall apply to the execution of any judicial process for the arrest of a person or the sale of property or payment of money, which may be a Civil Court in any civil proceeding. provisions of chapters XIV. and XV. relating to witnesses shall apply to all persons required to give evidence, or to produce documents in any proceeding under this Code. M. 651. Whoever Penalty for escaping from custody under Code. offers any resistance or illegal obstruction to the lawful apprehension of himself under this Code, or under the warrant of any Court of Civil Judicature, or escapes or attempts to escape from any custody in which he is lawfully detained under this Code or under such warrant, shall, on conviction before a Magistrate, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (q) Power to make subsidiary rules of procedure. M. 652. (40, Act 23 of 1861) The High Court may from time to time make rules, consistent with this Code, to regulate any matter connected with the procedure of the Courts of Civil Judicature subject to its superintendence. All such rules shall be published in the local official Gazette, and shall thereupon have the force of law. (y) If a sheriff, upon the representation of a defendant in his custody, under a writ of ca. sa., that he is suffering very severely in health, takes upon himself to make a relaxation of the imprisonment, and permits the defendant, accompanied by ever so many of his own officers, to go and reside in a house of his own, it will be an escape. A sheriff having taken a person in execution under a writ of ca. sa. is bound to keep him in his own jail, and cannot of his own authority allow the prisoner to make a jail for himself. He is bound to keep him in arcta et salva custodiá in order to enforce payment of the debt, and if he relax that arctam custodiam at all, so far the pressure to compel the payment of the debt is relaxed also, which the sheriff has no right to do. The plaintiff in any case, in order to be barred from continuing his execution, and from having the benefit of his judgment, must voluntarily discharge the defendant out of custody. If he does discharge him out of custody, if it be only for a week, he cannot, by any agreement which he may make with the defendant, afterwards re-take him, although the defendant may possibly have agreed that if he does not pay the money within a week he shall be re-taken. Where a defendant, in custody of the sheriff, under a writ of ca. sa., with his own consent, and the consent of the plaintiff and of the sheriff, was, on account of the state of his health, allowed temporarily to reside outside the jail, the sheriff's officers continuing all the time about the premises he occupied, the defendant was estopped from saying that the custody in which he then was, was not the custody of the sheriff, when both parties intended it to be so. In point of law such custody should be treated as the custody of the sheriff; and, it ap pearing that it was not the intention of either party that the defendant should be discharged, but that what was done was a matter of indulgence and kindness to him, there was nothing in the law to prevent it from being a continuing custody of the sheriff by arrangement of parties. A creditor may, under certain circumstances, or if he feels it to be really material and important to the debtor, change the place of imprisonment, and relax somewhat the rigour of imprisonment without discharging the debtor from his debt, when it clearly was not the meaning of either party that any such discharge should take place. If a plaintiff intimates to a sheriff that he is inclined to grant the indulgence to a prisoner of going to another house in custody of the sheriff's officers, the sheriff may refuse without a rule of Court for that purpose; but if the sheriff consent, he, when defendant is in the private house with the officers about him, may be liable to an action for escape, if it appear that he has not used proper care; if he removes his peons, or employs persons who have not taken sufficient care to prevent the prisoner from escaping; still it would be, under all circumstances, for a jury to (consider whether, being in some measure instrumental in it, the plaintiff ought to recover against the sheriff at all. It would be a question of fact to be decided under all the circumstances of the case. Haines v. The East India Company, M, I. A., vol. 6, 467. Year and chapter. 29 Char. II. chap. 7 Number and year. IX of 1840. XXIII of 1810. VIII of 1841. XXVI of 1841. XIV of 1818. XVII of 1852. XXXIII of 1852. VI of 1855. XXXIV of 1855. VIII of 1859. XXIII of 1861. XX of 1862. XXIV of 1862. IX of 1863. THE FIRST SCHEDULE. (See section 3). A.-STATUTE REPEALED. Title. An Act for the better observance of the Lord's day commonly called Sunday. B.-ACTS REPEALED. Subject or title. For amending the law administered in Her Majesty's Courts of Justice with reference to Arbitrations, Damages, and interested Witnesses. For executing within the local Commissions for taking affidavits. Enforcement of judgments ... Extent of repeal. The whole. Extent of repeal. So much as has not to the execution of The whole. The whole. The whole Act, except so far as it relates to the decrees of Military Courts of Requests. The whole. The whole. been repealed. So much as has not So much as has not been repealed. been repealed. So much as has not To continue in force Act XX of So much as has not been repealed, 1868 To amend the C, of C. Procedure The whole. Extent of repeal. So much as has not been repealed. So much as has not been repealed. Sections 8, 9, 10, 11, paras. 2, 22, 23, 24, 25, 26, 27, 28, 42 and 47, and in section 32 the words "in the manner prescribed in the twenty-second section of this Act" and "contained in the twenty-second; twenty-third, twenty-fourth and twenty-fifth sections of this Act," Sections 17 and 18. Sections 13 and 17. In the title the words "to provide a summary procedure on Bills of Exchange and" The preamble down to and including the words "Notes and" In section I, the definitions of "High Court" and "Local Government. Sections two to eight (both inclusive.) Section fourteen. So much as has not been repealed. The whole. So much as has not been repealed. |